Sattari v. Citi Mortgage

Filing 79

ORDER Granting 73 Defendant Citimortgage's Motion to Expunge Lis Pendens. Signed by Judge Roger L. Hunt on 5/20/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL SATTARI,

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Plaintiff,
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vs.
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CITIMORTGAGE, a California Corporation, )
DOES I through X, and ROES I through X,
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Defendants.
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_______________________________________)

ORDER
(Motion to Expunge Lis Pendens–#73)

Before the Court is Defendant Citimortgage’s Expunge Lis Pendens (#73), filed

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Case No.: 2:09-cv-00769-RLH-GWF

March 28, 2011. Plaintiff Michael Sattari did not oppose this motion.
BACKGROUND

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On April 30, 2009, Sattari filed a complaint in this Court alleging lender

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misconduct related to the real property located at 6537 Ruby Red Circle in Las Vegas, Nevada.

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On March 23, 2011, the Court granted Cititmortgage’s Motion for Summary Judgment (#67) on

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Sattari’s claims. (Dkt. #71, Order.) Citimortgage has now filed the instant motion asking the

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Court to expunge and release all versions of Sattari’s lis pendens on the 6537 Ruby Red Circle

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property. For the reasons discussed below, the Court grants Citimortgage’s motion.

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///

AO 72
(Rev. 8/82)

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DISCUSSION
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Lis Pendens
Pursuant to NRS 14.015(2) and (3), a party who records a lis pendens must

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establish that: (1) the action was not brought in bad faith, (2) he is able to perform any condition

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precedent to the relief sought in the action as it affects the title or possession of the property, (3) he

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is likely to prevail in the action or has a fair chance of prevailing, and (4) he would suffer greater

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hardship than the defendant if the lis pendens were expunged and title was transferred.

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The Court finds that an order expunging and releasing the lis pendens proper

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because Sattari has not established the requirements for a lis pendens under Nevada law. Most

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importantly, Sattari failed to establish a genuine issue of material fact for trial. Accordingly, the

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Court grants Citimortgage’s motion.

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CONCLUSION

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Accordingly, and for good cause appearing,

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IT IS HEREBY ORDERED that Defendant Citimortgage’s Motion to Expunge Lis

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Pendens (#73) is GRANTED.
IT IS FURTHER ORDERED THAT any and all versions of a lis pendens or notice

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of pendency recorded by Plaintiff Michael Sattari in connection with this lawsuit be expunged,

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extinguished, and/or released.

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Dated: May 20, 2011.

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____________________________________
ROGER L. HUNT
United States District Judge

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AO 72
(Rev. 8/82)

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